Texas Takes Steps Toward a Better Pretrial System

As the Texas State Legislature wrapped up its 2025 session, lawmakers finally laid to rest a years-long battle over the state’s constitutional right to bail. SJR 5 now heads to voters as a landmark amendment that protects due process and appropriately limits pretrial detention. The surprising twist: The original proposal would have gutted core legal protections and unleashed a wave of unchecked pretrial detention.      

What Changed? 

When SJR 5 was introduced in the Senate earlier this year, it would have made it easier to jail legally innocent people before trial; so much easier that a judge could detain someone simply because they believe that they might miss a future court date. If passed, it would have destabilized communities, increased costs for taxpayers, and made Texas less safe.

After substantial amendments from the Texas House, SJR 5 now only allows this expansion of pretrial detention with significant guarantees of due process protections to prevent unnecessary incarceration, including: 

1. A guaranteed right to counsel at hearings where pretrial liberty is at stake for people accused of certain offenses; 
2. A requirement that judges meet a high bar of evidence before jailing someone who is awaiting their day in court; and 
3. A requirement that judges consider reasonable conditions of release before resorting to detention. 

If SJR 5 is approved by voters this November, Texas will become one of the first states to adopt these pretrial protections into its state constitution. 

Constituent and Advocate Voices Made a Difference

By contacting their representatives and making their voice heard, TBP’s supporters helped change the tides on pretrial reform in Texas. Not only did they sway lawmakers to seriously consider and adopt critical legal protections, they also helped defeat two other regressive constitutional amendments – SJR 1 and SJR 87 – that would have undermined this progress. These amendments would have lowered evidentiary standards and eroded due process rights to use pretrial detention on people with records, people out on bail, and non-citizens, effectively undercutting the hardfought safeguards in SJR 5. 

These outcomes were made possible by years of grassroots organizing, legal advocacy, and steadfast resistance to regressive bail proposals. We are deeply grateful to our partners and allies who helped defend civil rights and move Texas closer to pretrial justice.

The Fight for Pretrial Justice Continues

While the progress made with SJR 5 calls for celebration, the fight for a better pretrial system in Texas is far from over. Unfortunately, SB 9 passed the legislature alongside SJR 5. This bill will significantly expand wealth-based detention by requiring cash bail for more offenses, limiting judicial discretion, and allowing prosecutors to appeal bail decisions, delaying release for up to 20 days. 

The passage of SB 9 calls attention to just how entrenched wealth-based detention has become in Texas. On any given day, around 70,000 people are locked up in Texas jails, most of them awaiting trial – not because they’ve been convicted of a crime, but because they can’t afford bail. This system is unjust, a burden on taxpayers, and a threat to public safety.  

If Texas lawmakers truly wish to create a pretrial system that values justice, fairness, and safety, they will work hard next session to reevaluate and reduce the state’s reliance on cash bail. But they cannot do this alone. It will be critical for lawmakers to continue hearing from their constituents that this is an issue that matters. Together, we can create a pretrial system that upholds the freedom, rights, and safety of all Texans. Until then, the work continues.